Avoiding gender bias in downward departures for family responsibilities under the federal sentencing guidelines

Article Abstract:

Gender bias lies at the heart of the federal sentencing guidelines, which should be altered so to become gender-neutral in granting downward departures. These departures allow judges to grant sentences below mandatory guidelines for special circumstances, such as family responsibilities. Assumptions made in granting downward departures tend to mirror society's child-rearing expectations towards women, thus creating a sentencing bias. Clearly-defined, gender-neutral standards and balanced consideration of family responsibilities are necessary to ensure fairness in making departure decisions involving defendants of either sex.

Sex discrimination, Mandatory sentences, Determinate sentences, Women criminals

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Efforts to control judicial discretion: the problem of AIDS and sentencing

Article Abstract:

Issues involving the exercise of judicial discretion in departing from mandatory state and federal sentencing guidelines to include AIDS and HIV as mitigating factors are discussed. Issues include the grounds for downward departures set by the Supreme Court, the practical application of the departure power, and the reasoning of used by courts in considering AIDS/HIV as a mitigating factor.

United States, AIDS patients, HIV patients, Judicial discretion

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What "choice" do they have? Protecting pregnant minors' reproductive rights using state constitutions

Article Abstract:

The author discusses state constitutional challenges to state statutes limiting teenage girls' reproductive rights through mandatory parental involvement. The success in some states indicates that state courts may be forums for protection of the reproductive rights of individuals.

Interpretation and construction, Civil rights, Pregnant girls, Pregnant teenagers, Constitutions, State, State constitutions, Teenage abortion

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